88R770 BEE-D
By: Shaheen H.B. No. 2551
A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of associate physicians
and the authority of an insured to select an associate physician
under the insured's health insurance policy; requiring an
occupational license.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 155, Occupations Code, is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E. ASSOCIATE PHYSICIAN
Sec. 155.201. DEFINITION. In this subchapter, "associate
physician" means an individual licensed under this subchapter to
practice medicine under a collaborative practice agreement as
described by Section 155.204.
Sec. 155.202. RULES. The board shall adopt rules in
accordance with this subchapter relating to the licensing and
regulation of associate physicians.
Sec. 155.203. LICENSE ISSUANCE. On application, the board
shall issue a license to practice medicine under this subchapter to
an applicant who:
(1) is a resident of this state and is a United States
citizen or a legal permanent resident;
(2) has proficiency in the English language;
(3) is a graduate of a board-approved medical or
osteopathic medical school;
(4) has passed the first and second components of the
United States Medical Licensing Examination or the equivalent
components of another board-approved licensing examination
described by Section 155.0511:
(A) not earlier than two years before the date
the applicant submits an application for licensure as an associate
physician; and
(B) not more than three years after the date of
the applicant's graduation from a medical school or osteopathic
medical school; and
(5) either:
(A) has not completed a board-approved
postgraduate residency program; or
(B) has completed a board-approved postgraduate
residency program and passed the second component of the United
States Medical Licensing Examination or the equivalent component of
another board-approved medical licensing examination described by
Section 155.0511 at any time before the date the applicant submits
an application for licensure as an associate physician, if on the
second anniversary of the date of completion of the examination
requirement the applicant was serving as a resident physician in a
board-approved postgraduate residency program in the United States
and continued to do so until not earlier than the 30th day before
the date the applicant submits an application for licensure as an
associate physician.
Sec. 155.204. COLLABORATIVE PRACTICE AGREEMENT REQUIRED.
(a) An associate physician may not practice as an associate
physician unless the associate physician has entered into a
collaborative practice agreement with a physician under this
subtitle.
(b) An associate physician must enter into a collaborative
practice agreement within the period prescribed by board rule.
(c) A collaborative practice agreement under this section:
(1) must be in writing;
(2) may be in the form of a written agreement,
jointly-agreed protocols, or standing orders for the delivery of
health care services; and
(3) may delegate to an associate physician the
authority to administer or dispense drugs and provide treatment:
(A) within the scope of practice of the associate
physician as specified in the agreement; and
(B) consistent with the skill, training, and
competence of the associate physician and the collaborating
physician.
Sec. 155.205. LIABILITY OF COLLABORATING PHYSICIAN. A
physician who enters into a collaborative practice agreement with
an associate physician under Section 155.204 is responsible at all
times for the oversight of and is liable for any medical act
performed by the associate physician in the practice of medicine.
Sec. 155.206. LICENSING OF ASSOCIATE PHYSICIAN AS
PHYSICIAN. The board by rule shall adopt procedures for the
issuance of a license to practice medicine as a physician to an
associate physician who:
(1) not later than the first anniversary of the date of
issuance of an associate physician license under this subchapter,
completes the third component of the United States Medical
Licensing Examination or the equivalent component of another
board-approved licensing examination described by Section
155.0511;
(2) practices for five years under a collaborative
practice arrangement as described by Section 155.204; and
(3) after completing the collaborative practice
period described by Subdivision (2), achieves a passing score in
not more than three attempts on the endorsement examination
described by Section 155.207.
Sec. 155.207. ENDORSEMENT EXAMINATION. (a) The board
shall develop and administer an endorsement examination for
associate physicians who satisfy the requirements of Sections
155.206(1) and (2).
(b) The endorsement examination must assess an associate
physician's mastery of the knowledge required of general primary
care practitioners licensed in this state.
(c) The board shall provide practice testing materials to
associate physicians during the collaborative practice period
described by Section 155.206(2).
Sec. 155.208. LICENSING OF CERTAIN ASSOCIATE PHYSICIANS AS
PHYSICIAN ASSISTANTS. (a) The board and the Texas Physician
Assistant Board shall jointly adopt rules providing for the
issuance of a physician assistant license under Chapter 204 to an
associate physician who does not satisfy the requirements of
Section 155.206 for the issuance of a license as a physician.
(b) A rule adopted under Subsection (a) may not require an
associate physician to satisfy any additional requirements under
Chapter 204 for the issuance of a physician assistant license.
Sec. 155.209. EXPIRATION OF ASSOCIATE PHYSICIAN LICENSE.
The board by rule shall adopt procedures for the expiration of the
license of an associate physician who is not eligible for the
issuance of a license as a:
(1) physician under Section 155.206; or
(2) physician assistant under Section 155.208.
SECTION 2. Section 1451.001, Insurance Code, is amended by
adding Subdivision (2-a) to read as follows:
(2-a) "Associate physician" means an individual
licensed under Subchapter E, Chapter 155, Occupations Code, to
practice medicine under a collaborative practice agreement as
described by Section 155.204, Occupations Code.
SECTION 3. Subchapter C, Chapter 1451, Insurance Code, is
amended by adding Section 1451.129 to read as follows:
Sec. 1451.129. SELECTION OF ASSOCIATE PHYSICIAN. An
insured may select an associate physician to provide the services
scheduled in the health insurance policy that are within the scope
of the associate physician's license under Subchapter E, Chapter
155, Occupations Code.
SECTION 4. Not later than December 1, 2023, the Texas
Medical Board shall adopt rules as necessary to implement
Subchapter E, Chapter 155, Occupations Code, as added by this Act.
SECTION 5. Section 1451.129, Insurance Code, as added by
this Act, applies only to a health insurance policy that is
delivered, issued for delivery, or renewed on or after January 1,
2024.
SECTION 6. This Act takes effect September 1, 2023.